James L. Parrish v. Eric K. Shinseki

While I concur with the judgment of the majority opinion, I write separately to express my disagreement with the majority’s analysis and resolution of Mr. Parrish’s argument that, even if the USB had the authority to make a delegation to the C & P Director to conduct the radiation determination required by 38 C.F.R. § 3.311(c), he never did so. Mr. Parrish argues that there is no evidence in the record that a delegation memorandum designating the C & P Director was executed, as required by VA policy. See II.B.3, ante. The majority states: “it is ... not surprising that a delegation memorandum…